SCHEDULE 2Licensors and Pub Operating Businesses

PART 2Licensors

5

Where the head organisation is a licensor, for the purposes of determining whether the condition in regulation 11(2)(b) is met, only the following packaging or packaging materials are to be taken into account—

a

packaging or packaging materials that bear a trade mark of the head organisation for which a licence to use such trade mark has been granted under the licence agreement;

b

packaging associated with goods that bear a trade mark of the head organisation for which a licence to use such trade mark has been granted under the licence agreement; and

c

where the member is obliged to—

i

purchase goods in packaging;

ii

purchase goods and associated packaging or packaging materials to be used to contain or protect such goods or to facilitate the handling of or for the presentation of such goods;

iii

purchase packaging or packaging materials to be used to contain or protect such goods or to facilitate the handling of or for the presentation of such goods;

from the head organisation or, where the head organisation has negotiated some or all of the terms of the supply, a supplier nominated or authorised by the head organisation under the licence agreement, such packaging or packaging materials.